When Two Notices of Appeal Are Required

The Massachusetts Appeals Court today reminds litigants that where a party claims an entitlement to attorney's fees under G. L. c. 231, § 6F (the statute relating to insubstantial, frivolous or bad faith claims or defenses), a party challenging a denial of fees must file a separate notice of appeal pursuant to G. L. c. 231, § 6G. A party appealing a § 6F order incorporated into a final judgment is required to file two notices of appeal, one to appeal the § 6F order to a single justice and the other to appeal the balance of the judgment to a panel. See Troy Indus., Inc. v. Samson Mfg. Corp., 76 Mass. App. Ct. 575, 584 (2010) (quoting Bailey v. Shriberg, 31 Mass. App. Ct. 277, 284 (1991)).